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Birth Injuries in Neponset

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About Carlson Bier Associates

When facing the heart-rending consequences of birth injuries, you need an empathetic yet tenacious ally. That’s where Carlson Bier steps in, offering unparalleled legal expertise to those residing in Neponset and beyond. Far too often, these cases involve complex medical jargon and fault intricacies that demand astute comprehension – a unique strength inherent within our team at Carlson Bier. Our experience with such specific personal injury situations empowers us to advocate effectively for families grappling with birth injuries’ aftermaths. But more than being skillful negotiators or litigators, we are listeners first – because your story matters most to us. We ensure every client receives our undivided attention while explaining their grievances and assess all potential claims thoroughly before guiding them through their legal rights and options tailored best to their circumstances. Choosing Carlson Bier means entrusting a firm that cherishes community trust above everything else – cementing ourselves as reputable lawyers adept at handling Birth Injuries cases for families across Illinois without crossing any ethical boundaries or state regulations.

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About Carlson Bier

Birth Injuries Lawyers in Neponset Illinois

At Carlson Bier, we pride ourselves on offering meticulous legal insight and unwavering support to families affected by birth injuries in Illinois. With decades of combined experience, our personal injury attorneys stand at the vanguard of justice, relentlessly pursuing compensation for individuals facing the emotional trauma and financial pressure following such distressing incidents.

Birth injuries are harmful effects suffered by an infant or mother due to complications during childbirth. They can take several forms including physical trauma, psychological damage, developmental issues and more. Some key factors contributing towards birth injuries range from medical negligence and malpractice to various preventable causes:

• Improper use of forceps during delivery

• Delayed C-Sections

• Failure in monitoring fetal heart rate

• Mishandling shoulder dystocia

• Overdose or incorrect usage of labor-inducing drugs

Understanding the manifestations of birth injuries is critical to identifying if you have a viable legal case. A few examples include cerebral palsy resulting from oxygen deprivation; facial paralysis caused by nerve damage due to improper use of birthing tools; brachial plexus injuries leading to partial or complete loss of arm’s mobility, typically associated with mishandled shoulder dystocia; caput succedaneum where excessive vacuum extraction leads to swelling or bruising on a newborn’s scalp.

Drastic as these situations are, it’s important for parents to remember that many such occurrences arise out of unavoidable circumstances beyond control. Subsequently categorizing them as ‘birth defects’ rather than ‘birth injuries’. An example being when an underlying genetic anomaly influences embryonic development. However, discerning between birth defects and birth-related injury cases requires expert assistance which we provide readily.

The Illinois law upholds your rights against negligent health practitioners and hospitals found guilty of causing harm through intentional acts or deviation from standard care practices while delivering healthcare services who may be liable for medical malpractice lawsuits.

Our lawyers at Carlson Bier undertake a comprehensive approach to build your case by:

• Obtaining all necessary medical records

• Seeking expert opinions on the extent of injury and its long-term implications

• Determining if proper standard care was administered during childbirth

We understand that taking legal action can be an overwhelming process, particularly for distressed parents managing significant emotional heartache. This is why we ensure personal attention – walking you through each step, answering queries, and outlining possible routes so as to alleviate anxiety and provide clarity on proceedings.

There are no upfront costs involved when you engage our services. Our fees are contingent upon successfully securing compensation on your behalf. This means we only send billings after winning your just due from errant healthcare practitioners or establishments.

Remember, there is a time limit within which you can file a lawsuit which makes it vital to consult an attorney as soon as you suspect malpractice may have led to a birth injury incident. In Illinois, the statute of limitation extends until two years post-discovery of such an issue.

The Carlson Bier team stands with you ensuring justice prevails against those whose negligence brought needless sorrow into your lives. We rigorously strive, summoning every resource in pursuit of rightful compensation; coverage for past and future medical expenses, rehabilitation costs, loss of earnings due to rearranged life circumstances along with punitive damages designed to deter repeat behavior from culprits involved.

Our commitment is towards assisting injured individuals regain control over their lives while confronting any perpetrator who caused unnecessary harm through disregard for safety protocols in place during birthing procedures. Therefore we do not see ourselves merely as legal representatives but confidantes bearing witness to clients’ distress seeking redressal under Illinois law.

Understanding your potential legal rights doesn’t have to be confusing or intimidating. If these concerning issues feel relevant to your experiences around child birth then let us offer guidance focused on real help rather than simply providing legal advice. Start by clicking on the button below – it’s your first step in understanding how much your case may potentially be worth under the banner of the Illinois justice system. The Carlson Bier team is ready and waiting to stand beside you through this journey enforcing your rights to a fair outcome, every step of the way.

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Notable Illinois Appellate Wins

Moruzzi v. CCC Servs., Inc., 2020 IL App (2d) 190411, 171 N.E.3d 61
Background: Insured motorist filed action against insurer for declaratory judgment seeking construction of automobile insurance policy issued to insured and that was in effect when insured was injured by an underinsured driver. The Circuit Court, DuPage County, Bonnie M. Wheaton, J., granted the insurer's motions for summary judgment. Insured appealed.Holdings: The Appellate Court, Zenoff, J., held that:1 medical payments reduction clause in automobile insurance policy conflicted with underinsured motorist provisions so as to render reduction clause ambiguous, and thus medical payment benefits were deductible from insured's damages;2 law firm representing insured did not create common fund or common funds when it reached settlement with underinsured motorist, and thus law firm was not entitled to recover fees under common-fund doctrine; and3 collateral estoppel did not bar automobile insurers from litigating whether common-fund doctrine applied in insured motorist's declaratory judgment action.Affirmed in part and reversed in part.
Maier v. CC Servs., Inc., 2019 IL App (3d) 170640, 132 N.E.3d 795
Background: After insured, who was injured in automobile collision with another driver, recovered full liability limits of driver's policy, she filed amended complaint for declaratory judgment against her own automobile insurer, alleging that insurer breached contractual duty to pay for insured's damages in accordance with uninsured/underinsured motorist (UIM) coverage in insured's policy and that insurer acted in bad faith in denying insured such coverage. The Circuit Court, La Salle County, Troy D. Holland, J., granted the insurer's motion to dismiss claims as time-barred. Insured appealed.The Appellate Court ruled that neither the insurer nor the insured could add amended policy provisions to the court record. It was decided that the policy's requirement for a written arbitration demand applied to both uninsured and underinsured motorist claims. The court found that a letter from the insured's attorney to the insurer wasn't a valid arbitration demand nor a proof of loss to toll the statute of limitations. Finally, the insurer was permitted to use the defense based on the two-year statute of limitations period. The court's decision was affirmed.
Econ. Premier Assurance Co. v. Country Mut. Ins. Co., 2021 IL App (1st) 192364-U
Holding: The circuit court's order that granted defendant's motion for summary judgment and denied plaintiff's motion for partial summary judgment was proper where defendant had no duty to indemnify its insured with respect to the underlying complaint and therefore plaintiff was not entitled to recover against defendant on its subrogation or unjust enrichment claims; affirmed.
Country Preferred Ins. Co. v. Westerheide, 2023 IL App (5th) 220343-U
Holding: The court affirmed judgment of the circuit court granting summary judgment in favor of the plaintiff where the defendant failed to make a written demand for arbitration within two years from the date of the accident as required by the underinsured provisions of the defendant's automotive insurance policy.
Country Mut. Ins. Co. v. Olsak, 2022 IL App (1st) 200695, 216 N.E.3d 291
In a complex legal case, an insurer sought to avoid defending or indemnifying a hockey player under a policy issued to the player's stepfather after the player was sued for assaulting his coach. The initial Circuit Court ruling favored the insurer, but the Appellate Court reversed this decision, leading to a protracted legal battle. Ultimately, the Appellate Court determined the insurer was liable only up to the $3 million policy limit and found the insurer's four-year delay in seeking a declaratory judgment to be reasonable. This case highlights important aspects of insurance litigation and policy limit liabilities.
Country Mut. Ins. Co. v. Durkin Elec. Co., Inc., 2022 IL App (1st) 210293-U, appeal denied, 199 N.E.3d 1187 (Ill. 2022)
Holding: The circuit court's order that denied plaintiff's motion for partial summary judgment and found that defendant was an additional insured under the policy was proper. The circuit court's order that denied defendant's motion for summary judgment and found that plaintiff did not have a duty to defend or indemnify defendant under the policy was proper; affirmed.
Country Preferred Ins. Co. v. Groen, 2017 IL App (4th) 160028, 69 N.E.3d 911
Background: Uninsured motorist (UM) carrier brought action against insured for declaratory judgment that it owed no benefits since workers' compensation received by insured exceeded policy limits. The Circuit Court, Sangamon County, Chris Perrin, J., entered summary judgment in favor of the carrier. Insured appealed.Holdings: The Appellate Court, Harris, J., held that:1 employer's medical payments entitled carrier to setoff, and2 setoff clauses were enforceable.Affirmed.
Country Mut. Ins. Co. v. Frobish, 2021 IL App (3d) 190473-U
Holding: Allegations in the underlying complaint that a township employee caused property damage by excavating and digging out a ditch failed to impose a duty to defend under township employee's individual farm insurance policy.
Country Mut. Ins. Co. v. Jones, 2018 IL App (1st) 173154-U
Holding: The judgment of the circuit court of Cook County is affirmed; plaintiff is entitled to summary judgment on its claim for a declaratory judgment that it has no duty to defend or indemnify its insured against the underlying complaint because the loss claimed in the underlying complaint is subject to an exclusion. The court held that it would also enter judgment for plaintiff because the underlying complaint does not allege an “occurrence” causing bodily injury within the meaning of the policy.
Country Mut. Ins. Co. v. Schmitt, 2021 IL App (5th) 190173-U
Holding: The appellate court reversed and remanded the judgment of the circuit court where plaintiff had no duty to defend its insured and thus was not stopped from raising policy defenses to coverage for the underlying tort action contained in the amended declaratory action.
Country Mut. Ins. Co. v. Livorsi Marine, Inc., 222 Ill. 2d 303, 856 N.E.2d 338 (2006) (the late Keith Carlson)
Liability insurer brought action against insureds for a declaratory judgment based on failure to provide timely notice of lawsuits against them. The Circuit Court, Cook County, Stephen A. Schiller, J., entered judgment for the insurer. Insureds appealed. The Appellate Court, Wolfson, J., 358 Ill.App.3d 880, 295 Ill.Dec. 665, 833 N.E.2d 871, affirmed. Leave to appeal was granted.Holdings: The Supreme Court, Garman, J., held that:1 if the insurer did not receive reasonable notice of an occurrence or a lawsuit, the policyholder may not recover under the policy, regardless of whether the lack of reasonable notice prejudiced the insurer, overruling Rice v. AAA Aerostar, Inc., 294 Ill.App.3d 801, 229 Ill.Dec. 20, 690 N.E.2d 1067, and Cincinnati Insurance Co. v. Baur's Opera House, Inc., 296 Ill.App.3d 1011, 230 Ill.Dec. 624, 694 N.E.2d 593, and2 insured did not need to prove that it was prejudiced by delayed notice of lawsuits.Affirmed.
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Frequently Asked Questions

Birth Injuries FAQ

The most common birth injuries include:

  • Cerebral palsy: This is a group of disorders that affect movement and coordination.
  • Erb’s palsy: This is a nerve injury that can cause weakness or paralysis in the arm and hand.
  • Brachial plexus palsy: This is a group of nerve injuries that can cause weakness or paralysis in the arm, shoulder, and hand.
  • Spinal cord injuries: These injuries can cause paralysis or weakness below the waist.
  • Traumatic brain injuries: These injuries can cause a variety of physical, cognitive, and emotional problems.

Birth injuries can be caused by a variety of factors, including:

  • Medical malpractice: This can include mistakes made by doctors during pregnancy, labor, or delivery.
  • Oxygen deprivation: This can occur if the baby does not get enough oxygen during pregnancy or labor.
  • Physical trauma: This can occur if the baby is injured during labor or delivery.
  • Birth defects: Some birth injuries are caused by birth defects.

The signs and symptoms of a birth injury can vary depending on the severity of the injury. However, some common signs and symptoms include:

  • Weakness or paralysis: This may be in one or more limbs.
  • Seizures
  • Breathing problems
  • Feeding problems
  • Developmental delays
  • Learning disabilities

The treatment options for birth injuries will vary depending on the severity of the injury. However, some common treatment options include:

  • Surgery
  • Physical therapy
  • Occupational therapy
  • Speech therapy
  • Medications
  • Supportive care

Yes, you may be able to file a lawsuit if your child was injured due to medical malpractice or another factor. A birth injury lawyer can help you understand your rights and options, and can represent you in court if necessary.

All Attorney Services in Neponset

Areas of Practice in Neponset

Two-Wheeler Accidents

Proficient in legal services for people injured in bicycle accidents due to others's lack of care or hazardous conditions.

Fire Damages

Giving specialist legal support for victims of severe burn injuries caused by mishaps or misconduct.

Clinical Incompetence

Providing experienced legal services for individuals affected by medical malpractice, including misdiagnosis.

Items Accountability

Addressing cases involving faulty products, providing skilled legal guidance to individuals affected by product malfunctions.

Aged Abuse

Supporting the rights of aged individuals who have been subjected to misconduct in care facilities environments, ensuring compensation.

Trip and Stumble Accidents

Skilled in handling fall and trip accident cases, providing legal assistance to persons seeking justice for their suffering.

Neonatal Injuries

Supplying legal guidance for loved ones affected by medical incompetence resulting in infant injuries.

Vehicle Accidents

Accidents: Focused on assisting patients of car accidents secure reasonable recompense for injuries and losses.

Motorbike Incidents

Expert in providing legal assistance for motorcyclists involved in motorcycle accidents, ensuring fair compensation for damages.

Trucking Incident

Providing professional legal assistance for individuals involved in truck accidents, focusing on securing just settlement for harms.

Construction Site Crashes

Committed to defending workmen or bystanders injured in construction site accidents due to negligence or irresponsibility.

Head Impairments

Committed to delivering compassionate legal advice for victims suffering from neurological injuries due to carelessness.

Canine Attack Injuries

Proficient in addressing cases for victims who have suffered damages from canine attacks or wildlife encounters.

Cross-walker Accidents

Dedicated to legal advocacy for foot-travelers involved in accidents, providing dedicated assistance for recovering damages.

Unwarranted Loss

Advocating for families affected by a wrongful death, offering empathetic and professional legal representation to ensure restitution.

Vertebral Impairment

Dedicated to defending clients with spine impairments, offering expert legal guidance to secure redress.

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The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

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